1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

IN THE UNITED STATES DISTRICT COURT FOR THE 

EASTERN DISTRICT OF CALIFORNIA 

UNITED STATES OF AMERICA, No. CR-S-05-0227 WBS 

AND RELATED CASES

Plaintiff, CR-S-05-0095 MCE 

v. CR-S-04-0389 MCE

CR-S-04-0388 MCE

CR-S-04-0387 MCE

BENITO TOPETE and CR-S-04-0378 MCE 

HECTOR MANRIQUEZ, CR-S-04-0379 MCE

CR-S-04-0377 MCE

Defendants. ORDER OF RELATED CASE

____________________________/

Examination of the above-entitled criminal actions reveals

that these actions are related within the meaning of Local Rule

83-123(a) (E.D. Cal. 1997). The actions involve many of the same

defendants and are based on the same or similar claims, the same

property transaction or event, similar questions of fact and the

same questions of law, and would therefore entail a substantial

duplication of labor if heard by different judges. Accordingly,

the assignment of the matters to the same judge is likely to

effect a substantial savings of judicial effort and is also

likely to be convenient for the parties. 

///

Case 2:04-cr-00389-MCE Document 136 Filed 06/20/05 Page 1 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

2

The parties should be aware that relating the cases under

Local Rule 83-123 merely has the result that all actions are

assigned to the same judge; no consolidation of the actions are

effected. Under the regular practice of this court, related

cases are generally assigned to the district judge to whom the

first filed action was assigned. 

IT IS THEREFORE ORDERED that the actions denominated: 

CR-S-05-0227 WBS, USA v. Topete, et al.; 

CR-S-05-0095 MCE, USA v. Hernandez, et al.; 

CR-S-04-0389 MCE, USA v. Ayala, et al.; 

CR-S-04-0388 MCE, USA v. Ayala, et al.; 

CR-S-04-0387 MCE, USA v. Rodriguez; 

CR-S-04-0379 MCE, USA v. Mendez, et al.; 

CR-S-04-0378 MCE, USA v. Ramirez, et al.; and 

CR-S-04-0377 MCE, USA v. Solis, et al.

are reassigned to Judge Morrison C. England, Jr. for all further

proceedings, and any dates currently set in these reassigned

cases only are hereby VACATED. The parties are referred to the

attached Order Requiring Joint Status Report. Henceforth, the

caption on documents filed in the reassigned cases shall be shown

as: 

CR-S-05-0227 MCE, USA v. Topete, et al.; 

CR-S-05-0095 MCE, USA v. Hernandez, et al.; 

CR-S-04-0389 MCE, USA v. Ayala, et al.; 

CR-S-04-0388 MCE, USA v. Ayala, et al.; 

CR-S-04-0387 MCE, USA v. Rodriguez; 

CR-S-04-0379 MCE, USA v. Mendez, et al.; 

CR-S-04-0378 MCE, USA v. Ramirez, et al.; and 

CR-S-04-0377 MCE, USA v. Solis, et al.

///

///

///

///

///

Case 2:04-cr-00389-MCE Document 136 Filed 06/20/05 Page 2 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

3

IT IS FURTHER ORDERED that the Clerk of the Court make

appropriate adjustment in the assignment of criminal cases to

compensate for this reassignment. 

IT IS SO ORDERED.

DATED: June 17, 2005

___________________________________

MORRISON C. ENGLAND, JR

UNITED STATES DISTRICT JUDGE

Case 2:04-cr-00389-MCE Document 136 Filed 06/20/05 Page 3 of 3